T.S.V. Malinga, t.a. Malinga Electrical Construction Vs. Malawi Revenue Authority

Abstract

The ruling concerns the application by the Defendant, Malawi Revenue Authority, to vacate an interlocutory injunction granted in favor of T.S.V. Malinga, t/a Malinga Electrical Construction. The Court dismissed the Defendant’s summons on the grounds that the application was based on affidavits that violated the Rules of the Supreme Court, rendering the evidence presented as hearsay and conjecture. The Court emphasized that the Defendant's failure to provide material evidence necessitated the continuation of the injunction, thereby upholding the Plaintiff's position. Costs were awarded to the Plaintiff, reinforcing the decision made in Chambers on July 22, 2004. (Refer to pages 8 and 3 for detailed reasoning.)